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A Forgery Case: What Punishment Should Be Assigned? The Convicted Defendant: 28 Year old Mexican American $145 bad check Working class Family Father died at age 6 Prior record (Auto theft as juvenile, DWI, Burglary) 9th Grade Education Spotty work record Married with baby, drinking problem, large bills

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The Judges Respond Time served plus probation 3% Jail with no Probation 7% Jail and Probation65% Prison25%

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Walker v. Birmingham April 10, 1963 – Injunction Hearing (Judge William Jenkins) –TRO is issued ex parte at the request of the city of Birmingham ordering that parades may not be held on Good Friday (4/12) and Easter Sunday (4/14). Parades/Marches happen: –Good Friday – led by Rev. Martin Luther King and Rev. Ralph Abernathy –Easter Sunday – led by Rev. Wyatt Walker and Rev. Daniel King Arrests all around!

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(Why is this an important incident?) Martin Luther King pens his famous Letter from the Birmingham Jail during the following week. He is responding to his critics who wonder if he, the SCLC and the ACMHR have adopted the right strategy for winning civil rights for blacks in the South. (If youve never read this letter, you should do so.)

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Walker v. Birmingham The Trial Court Decision (Announced April 26, 1963) The demonstrators lost. Ordinance was not invalid on its face, was not administered a&c, and the temporary injunction was a valid exercise of the courts authority. Penalty: $50 & 5 days in jail

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Judicial Backgrounds Justice William O. Douglas (Appointed 1939/FDR) Wall Street Lawyer Columbia Law School Yale Professor New Deal Supporter (SEC) Law should be an instrument of social change (a liberal) IN THE MINORITY in Walker v. Birmingham

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Judicial Backgrounds Justice Tom C. Clark (Appointed 1949/HHT) Democrat/WASP University of Texas Law School US Attorney General Enlarged Civil Rights Division but supported Japanese-American relocation during WWII. Criticized by NAACP. (Anyone remember what Truman said about him?) IN THE MAJORITY in Walker v. Birmingham

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Judicial Backgrounds Justice John M. Harlan II (appointed 1952) Republican/WASP Economic Conservative New York University Midwesterner Grandson of Justice John Harlan IN THE MAJORITY in Walker v. Birmingham

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Judicial Backgrounds Justice Byron Whizzer White (appointed 1962/JFK) Former CU and professional football player Yale Law School Deputy US Attorney General Prosecuted Freedom Rider case in Alabama (to protect civil rights demonstrators he used ex parte injunctions to stop state actions). IN THE MAJORITY in Walker v. Birmingham

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Judicial Backgrounds Justice Abe Fortas (appointed 1964/LBJ) Democrat/Jewish Yale Law School Former student of William O. Douglas Wall St. Attorney Close advisor to LBJ IN THE MINORITY in Walker v. Birmingham

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Determinants of Judicial Decision Making V XI.Public Opinion i.Reactions to Public Preferences ii.Public Preferences influence the Checks & Balancesamong the 3 branches of government: A Stitch in Time that Saved Nine